Flagg v. Detroit, City of et al

Filing 51

Flagg v. Detroit, City of et al

Doc. 51

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ERNEST FLAGG, as Next Friend of JONATHAN BOND, a minor, Plaintiff, v. CITY OF DETROIT, a municipal corporation; DETROIT POLICE CHIEF ELLA BULLY-CUMMINGS; DEPUTY DETROIT POLICE CHIEF CARA BEST; JOHN DOE POLICE OFFICERS 1-20; ASST. DEPUTY POLICE CHIEF HAROLD CURETON; COMMANDER CRAIG SCHWARTZ; POLICE LT. BILLY JACKSON; MAYOR KWAME M. KILPATRICK, CHRISTINE BEATTY, jointly and severally, Defendants. ______________________________________________________________________________/
NORMAN A. YATOOMA (P54746) ROBERT S. ZAWIDEH (P43787) NORMAN YATOOMA & ASSOCIATES, P.C. Attorneys for Plaintiff 219 Elm Street Birmingham, MI 48009 [phone] MAYER MORGANROTH (P17966) JEFFREY B. MORGANROTH (P41670) MORGANROTH & MORGANROTH, PLLC Attorneys for City of Detroit, Ella BullyCummings, Craig Schwartz, Mayor Kwame M. Kilpatrick and Christine Beatty 3000 Town Center, Suite 1500 Southfield, MI 48075 [phone]

Case No.: 05-CV-74253 Hon. Gerald E. Rosen Magistrate Judge R. Steven Whalen

JOHN A. SCHAPKA (P36731) CITY OF DETROIT LAW DEPARTMENT Co-Counsel for Defendants 1650 First National Building Detroit, MI 48226 [phone]

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MORGANROTH & MORGANROTH, PLLC
ATTORNEYS AT LAW MICHIGAN OFFICE 3000 TOWN CENTER SUIT E 1500 SOUTHF IELD, MI 48075 [phone] FAX [phone] ___________ NEW YORK OFFICE 156 W. 56 STREET SUIT E 1101 NEW YORK, NY 10019 [phone] FAX [phone]

DEFENDANTS', CITY OF DETROIT, ELLA BULLY-CUMMINGS, CRAIG SCHWARTZ, MAYOR KWAME M. KILPATRICK, AND CHRISTINE BEATTY'S, RESPONSE TO ORDER TO SHOW CAUSE DATED FEBRUARY 7, 2008

Dockets.Justia.com

Defendants, City of Detroit, Ella Bully-Cummings, Craig Schwartz, Mayor Kwame M. Kilpatrick, and Christine Beatty, by and through their attorneys, Morganroth & Morganroth, PLLC, hereby respond to this Court's Order to Show Cause, and state as follows: Defendants are not aware of any facts that would warrant entry of such an order directing Defendants and SkyTel, Inc. to preserve the various categories of materials identified in Plaintiff's Motion to Preserve Evidence filed on February 1, 2008 ("Plaintiff's Motion") especially inasmuch as there already is an obligation to preserve evidence that is relevant to this litigation and Judge Robert J. Columbo, Jr. of the Wayne County Circuit Court has already issued an order (attached as Exhibit 11) in Detroit Free Press, Inc. vs. City of Detroit, Case No. 08-100214-CZ requiring SkyTel to preserve the 14,000 text messages which Plaintiff has made such a big deal about obtaining in this case. Furthermore, the subpoenas to which Plaintiff refers in its Motion violated the Federal Rules of Civil Procedure, are overblown, unduly burdensome and expensive, seek materials not relevant to any issue in this case and seek to invade several privileges. However, in light of this Court's statements set forth in the Order to Show Cause dated February 7, 2008, Defendants DO NOT OPPOSE entry of an order to preserve the various categories of materials identified in Plaintiff's Motion to the extent that such materials exist and are in the possession, custody or control of

MORGANROTH & MORGANROTH, PLLC
ATTORNEYS AT LAW MICHIGAN OFFICE 3000 TOWN CENTER SUIT E 1500 SOUTHF IELD, MI 48075 [phone] FAX [phone] ___________ NEW YORK OFFICE 156 W. 56 STREET SUIT E 1101 NEW YORK, NY 10019 [phone] FAX [phone]

/ Defendants' counsel attempted to retrieve a copy of the Order that was entered by Judge Colombo from the Wayne County Circuit Court, but the file was checked out. Accordingly, Defendants have attached the order as approved for entry which Defendants' counsel has been advised was in fact entered. 1

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Defendants or SkyTel, Inc. for the purpose of accomplishing the salutary purpose highlighted by this Court in the Order to Show Cause. Respectfully submitted, MORGANROTH & MORGANROTH, PLLC By: /s/ Mayer Morganroth MAYER MORGANROTH (P17966) JEFFREY B. MORGANROTH (P41670) AARON J. HERSKOVIC (P66092)
Attorneys for City of Detroit, Ella Bully-Cummings, Craig Schwartz, Mayor Kilpatrick, and Christine Beatty

Dated: February 21, 2008

3000 Town Center, Suite 1500, Southfield, MI 48075 [phone] E-mail: [e-mail]

MORGANROTH & MORGANROTH, PLLC
ATTORNEYS AT LAW MICHIGAN OFFICE 3000 TOWN CENTER SUIT E 1500 SOUTHF IELD, MI 48075 [phone] FAX [phone] ___________ NEW YORK OFFICE 156 W. 56 STREET SUIT E 1101 NEW YORK, NY 10019 [phone] FAX [phone]

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CERTIFICATE OF SERVICE I hereby certify that on February 21, 2008, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Norman Yatooma, Esq. Norman Yatooma & Associates, P.C. 219 Elm Street Birmingham, Michigan 48009 MORGANROTH & MORGANROTH, PLLC

Dated:February 21, 2008

By: /s/ Mayer Morganroth MAYER MORGANROTH (P17966) Morganroth & Morganroth, PLLC 3000 Town Center, Suite 1500 Southfield, MI 48075 [phone] E-mail: [e-mail]

MORGANROTH & MORGANROTH, PLLC
ATTORNEYS AT LAW MICHIGAN OFFICE 3000 TOWN CENTER SUIT E 1500 SOUTHF IELD, MI 48075 [phone] FAX [phone] ___________ NEW YORK OFFICE 156 W. 56 STREET SUIT E 1101 NEW YORK, NY 10019 [phone] FAX [phone]

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